Legal Question in Family Law in Maryland

Re: Need to evict spouse - asap!

It sounds like you have grounds to apply for a civil protection order (CPO). This is a law which protects a person living with another from actual or potential harm from the other person by forcing the person to stay away from the residence, as well as place of employment, school, etc.

You go to a police station or the district or circuit court near where you live and go before a commissioner (at the police station) or judge at the courthouse. You fill out a form which is an affidavit where you swear under oath to facts that demonstrate that he is a threat to you or your children. If the commissioner or judge finds the facts sufficient, he/she will issue an order requiring your husband to leave and stay away pending a court hearing. The police or sheriff will come to the house and serve the order on your husband, and will escort him out of the house. A court hearing will be held a week later, at which both of you will have to be present and you will have to present evidence supporting your claims. He will have the right to present his own evidence. You can each have a lawyer and you would be well advised to hire one if you want to make sure the judge upholds your order and keeps him away. If you win, he can be barred from the house for up to a year and can also be ordered to contribute financially to the household, although it sounds like he doesn't have much in the way of funds to do so.

Once he's out, you can file a divorce action and ask for exclusive possession of the home, which will also serve to keep him away during the divorce proceedings and even after. Of course, since the home is in your name, you can also dispose of it as you see fit.